Supreme Court Annual Digest 2023 - Prevention Of Corruption Act

Prevention of Corruption Act, 1988 - Demand and recovery both must be proved to sustain conviction under the Act - Conviction set aside as demand was not proved. 2023 LiveLaw (SC) 232Prevention of Corruption Act, 1988 - In the present case, there are no circumstances brought on record which will prove the demand for gratification. Therefore, the ingredients of the offence under Section 7 of the PC Act were not established and consequently, the offence under Section 13(1)(d) will not be attracted. 2023 LiveLaw (SC) 211Prevention of Corruption Act, 1988 - It is desirable that High Courts maintain a "hands-off" approach and not quash FIRs relating to corruption cases at investigation stage-This is because, it is difficult to form an opinion conclusively at the stage of reading a first information report that the public servant is either in or not in possession of property disproportionate to the known sources of his/her income. It would all depend on what is ultimately unearthed after the investigation is complete -The considerations that could apply to quashing of first information reports pertaining to offences punishable under general penal statutes ex proprio vigore may not be applicable to a P.C. Act offence. (Para 74) 2023 LiveLaw (SC) 158Prevention of Corruption Act, 1988 - the complainant did not produce a copy of the application made by him for providing electricity meter - the complainant did not clearly tell that he had given such application. In absence of proof of making such application, the prosecution's case regarding demand of bribe for installing new electricity meter becomes doubtful. (Para 18) 2023 LiveLaw (SC) 211Prevention of Corruption Act, 1988 - Zero Tolerance to Corruption - Though it is the preambular promise of the Constitution to secure social justice to the people of India by striving to achieve equal distribution of wealth, it is yet a distant dream. If not the main, one of the more prominent hurdles for achieving progress in this field is undoubtedly 'corruption'. Corruption is a malaise, the presence of which is all pervading in every walk of life. (Para 49) 2023 LiveLaw (SC) 158Prevention of Corruption Act, 1988; Section 13(1)(e) - Second proviso is in the nature of additional safeguard for the public servant who are accused of the offence punishable under Section 13(1)(e) of the 1988 Act against an investigation by a police officer without the knowledge and consent of superior police officer not below the rank of Superintendent of Police. A superior police officer of the rank of Superintendent of Police or any officer higher in rank is required to pass an order before an investigation, if any, for such offence is commenced. It is needless to point-out that, before directing such investigation, the Superintendent of Police or an officer superior to him is required to apply his mind to the information and come to an opinion that the investigation on such allegations is necessary. (Para 88) 2023 LiveLaw (SC) 365Prevention of Corruption Act, 1988; Section 19 - The question with regard to the validity of such sanction should be raised at the earliest stage of the proceedings, however could be raised at the subsequent stage of the trial also - The stages of proceedings at which an accused could raise the issue with regard to the validity of the sanction would be the stage when the Court takes cognizance of the offence, the stage when the charge is to be framed by the Court or at the stage when the trial is complete i.e., at the stage of final arguments in the trial - Competence of the court trying the accused also would be dependent upon the existence of the validity of sanction, and therefore it is always desirable to raise the issue of validity of sanction at the earliest point of time - In case the sanction is found to be invalid, the trial court can discharge the accused and relegate the parties to a stage where the competent authority may grant a fresh sanction for the prosecution in accordance with the law. (Para 10) 2023 LiveLaw (SC) 595Prevention of Corruption Act, 1988; Section 19(3), 19(4) - Findings recorded by the Special Judge could not have been and should not have been reversed or altered by the High Court in the petition filed by the accused challenging the said order of the Special Judge, in view of the specific bar contained in sub-section (3) of Section 19, and that too without recording any opinion as to how a failure of justice had in fact been occasioned to the respondent-accused as contemplated in the said subsection (3). (Para 12-14) 2023 LiveLaw (SC) 595Prevention of Corruption Act, 1988; Section 7 - Demand of Gratification - When we consider the issue of proof of demand within the meaning of Section 7, it cannot be a simpliciter demand for money but it has to be a demand of gratification other than legal remuneration - Every demand made for payment of money is not a demand for gratification. It has to be something more than mere demand for money. (Para 16, ...

Supreme Court Annual Digest 2023 - Prevention Of Corruption Act

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